Chief justice testifies at Powers hearing

BARNSTABLE – Chief Justice of the District Court Lynda Connolly testified for four hours this morning against a Cape clerk magistrate accused of unprofessional conduct.

STEVE DOANE

BARNSTABLE – Chief Justice of the District Court Lynda Connolly testified for four hours this morning against a Cape clerk magistrate accused of unprofessional conduct.

Barnstable District Court Clerk Magistrate Robert E. Powers is accused of “unpredictable, disrespectful and sometimes aggressive conduct as clerk magistrate.”

In January, the Massachusetts Supreme Judicial Court reassigned Powers to Taunton District Court. The ruling came on the heels of charges filed by the Committee on Professional Responsibility for Clerks of the Courts, which oversees the conduct of clerk magistrates statewide.

Connolly testified about the complaints that were filed against Powers and how those complaints were addressed. Several complaints were filed against Powers, including that he regularly arrived late for work; that his demeanor was inappropriate when dealing with litigants, attorneys and court staff; and that he took too long to issue rulings.

Some complaints were addressed with training, such as having Powers work with another clerk magistrate, Connolly said. At one point he was suspended from duty as punishment before he was reassigned to Taunton.

Connolly, who has been chief justice of the district court for eight years, said this was the first time she has ever testified against a clerk magistrate. The hearing is being held in Barnstable Superior Court.

Powers, a former assistant district attorney in Bristol and Suffolk counties, was appointed to the $110,000-a-year job in 2006 by then-outgoing Gov. Mitt Romney. The position is a lifetime appointment and has no required retirement age.

This afternoon some of the people who filed complaints against Powers are expected to testify.The hearing is the latest step in the disciplinary process for Powers and is expected to conclude sometime in April. After both sides present their cases, the presiding officer, retired Judge Gordon Doerfer, will make an advisory decision on the allegations and a recommendation on discipline, if any, to the committee.

The committee will then make a recommendation to the high court, which will ultimately decide on any sanctions or punishment.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.